Proposed Rules. Proposed rule; extension of comment period

Agency: Advisory Council on Historic Preservation
Action: Proposed rule; extension of comment period
Citation: FR Doc. 03-26799 · RIN 3014-AA06 · 36 CFR 800

Summary

The Advisory Council on Historic Preservation is extending by 30 days the public comment period for the proposed amendments to the regulations implementing Section 106 of the National Historic Preservation Act. Such proposed amendments were published in the Federal Register on September 25, 2003. This extended comment period will afford greater opportunity to all interested parties to review and submit comments on the proposal.

Dates

Comments must be received on or before November 26, 2003.

Supplementary Information

In response to requests filed with the Advisory Council on Historic Preservation (ACHP), the comment period for the proposed amendments to the regulations implementing Section 106 of the National Historic Preservation Act now ends on November 26, 2003. This is an extension of 30 days beyond the comment period established in the Federal Register on September 25, 2003. The Section 106 regulations set forth how Federal agencies take into account the effects of their undertakings on historic properties and afford the ACHP a reasonable opportunity to comment, pursuant to Section 106 of the National Historic Preservation Act. Most of the proposed amendments to those regulations respond to recent court decisions which held that (1) the ACHP could not force a Federal agency to change its determinations regarding whether its undertakings affected or adversely affected historic properties, and (2) that Section 106 does not apply to undertakings that are merely subject to State or local regulation administered pursuant to a delegation or approval by a Federal agency. Another proposed amendment clarifies the time period for objections to “No Adverse Effect” findings. The last proposed amendments clarify that the ACHP can propose an exemption to the Section 106 process on its own initiative, rather than needing a Federal agency to make such a proposal. See the proposal as published in the Federal Register (68 FR 55354, September 25, 2003) for further information. Dated: October 20, 2003. John M. Fowler, Executive Director. [FR Doc. 03-26799 Filed 10-22-03; 8:45 am]